SHEIKH MOHAMMED IBRAHIM Vs. RAMNATH

JUDGEMENT

(1.) THIS is an application under sec. 5 of the Limitation Act.

(2.) IN a suit for damages, the trial court gave a decree to the plaintiff, and the defendants' appeal was partly allowed by the District Judge, Jaipur City, and the decretal amount was reduced to Rs. 1,666/- by judgment dated 24th June, 1955. The defendants applied for copy of the judgment and decree on 8th July, 1955, and got the same on the 20th July, 1955. He filed the appeal on the 10th of October, 1955, when the office reported that the period of limitation expired on 6th October, 1955. It was said by the appellant that 8th and 9th October were holidays. The appellant moved an application on 2nd November, 1955, for condoning the delay on the ground that his lawyer Mr. M. had asked him to obtain a copy of the judgment of the trial court also, and when he got it, the appellant was under the impression that in computing the period of limitation the time required for obtaining the copies of the judgment of the first Appellate Court as well as of the trial court will be excluded. The appellant's impression obviously having no weight, the appellant tried to reinforce his affidavit by an affidavit of Mr. M. , dated 30th April, 1956, who said that the appellant brought the copy of the judgment and decree of the first appellate court, whereupon he advised him to obtain the copy of the judgment of the trial court also, which was to be filed along with the memorandum of the second appeal. He said further that the appellant came with the copy of the judgment of the trial court, whereupon Mr. M. was under the impression that the time spent in obtaining the copy of the trial court would also be excluded, and as such told the client that "there was ample time for filing the appeal. " Mr. M. went on to swear that for that reason the appeal was not filed within limitation.